Pajaro Valley Unified School District (PERB 0363E)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC EMPLOYMENT 	RELATIONS 	BOARD
PAJARO VALLEY UNIFIED SCHOOL DISTRICT,
Employer,
and
PAJARO VALLEY FEDERATION OF TEACHERS,
AFT LOCAL 1936, AFL-CIO,
Employee 	Organization.
Case 	No. 	SF-UM-241
(SF-R-222)
PERB Decision No. 	363
December 13, 	1983
Appearances: 	Mark W. Goodson, Attorney 	(Breon, 	Galgani,
Godino, 	and O'Donnell) 	for Pajaro Valley Unified School
District; 	Janet K. 	King 	and Susan Devencenzi, 	Attorneys 	(Garry,
Dreyfus 	and McTernan 	Inc.) 	for Pajaro Valley Federation of
Teachers, AFT Local 1936, AFL-CIO.
Before Jaeger, 	Morgenstern and Burt, Members.
DECISION
JAEGER, 	Member: 	This case 	is 	before 	the Public Employment
Relations Board 	(PERB or Board) 	on 	an 	appeal 	filed 	by 	the
employer, 	the Pajaro Valley Unified School District 	(District),
of 	the 	attached 	determination of 	the Board Agent. 	In 	his
decision 	the Board Agent 	granted 	the 	petition 	of 	the Pajaro
Valley Federation of Teachers, 	AFT Local 	1936, 	AFL-CIO 	filed
pursuant 	to 	former PERB 	rule 	33261(a)(1)1 	to modify 	the
1At 	the 	time that this case arose, 	PERB rule 33261(a)(l)
provided:
(a) 	A recognized or certified employee
organization may file with the 	regional
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existing 	certificated 	unit 	to 	include 	the 	District's 	adult
education 	teachers.
We 	have 	reviewed 	the Board Agent's 	determination 	in 	light
of 	the 	appeal 	filed 	and 	the 	entire 	record 	in 	this matter 	and,
finding 	it 	free 	from prejudicial error, 	adopt 	it 	as 	the
decision of 	the Board.
ORDER
Based 	upon 	the 	foregoing 	findings 	of 	fact, 	conclusions of
law, 	and 	the 	entire 	record 	in this matter, 	it 	is hereby ORDERED
that:
The 	petition 	for 	unit 	modification 	by 	the Pajaro Valley
Federation of Teachers, AFT Local 1936, AFL-CIO is GRANTED,
thereby 	adding 	adult 	education 	teachers 	to 	the 	established
certificated 	unit.
Members 	Morgenstern 	and Burt 	joined 	in 	this Decision.
office 	a petition 	for 	unit modification
pursuant 	to Government Code 	section
3541.3(e) :
(1) 	To add 	to 	the 	unit 	unrepresented
classifications 	or 	positions 	which
existed 	prior 	to 	the 	recognition 	or
certification 	of 	the 	current 	exclusive
representative of the unit, 	. 	. 	.
In his 	decision, 	the Board Agent 	inadvertently cited 	to
PERB 	rule 	32781(a)(l), 	which was 	adopted 	after 	the 	unit
modification 	petition was 	filed 	in 	this 	case. 	This miscitation
was 	a harmless 	error 	and 	does 	not 	affect 	the 	outcome of 	the
case.
N	
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STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC EMPLOYMENT 	RELATIONS 	BOARD
PAJARO VALLEY 	UNIFIED SCHOOL DISTRICT,
Employer,
and
PAJARO VALLEY 	FEDERATION 	OF TEACHERS,
AFT LOCAL 1936, 	AFL-CIO,
Exclusive 	Representative.
Representation
Case No. 	SF-UM-241
SF-R-222
Administrative
Determination
(3/18/83)
PROCEDURAL 	HISTORY
The Pajaro Valley Federation of Teachers, 	Local 1936,
AFT/AFL-CIO 	(Federation) 	was certified 	by 	the Public Employment
Relations Board 	(PERB) 	as 	the exclusive 	representative 	for 	the
established 	certificated 	unit 	on April 	30, 	1978.1
1The 	established 	certificated 	unit 	includes 	regular
classroom teachers, K-12, 	children's center 	teachers,
department chairpersons, 	head teachers, 	K-8, 	and children's
center, 	drivers 	training, 	drivers 	training 	coordinator,
athletic directors, 	released 	time 	teachers, 	student activities
directors, 	athletic 	coaches 	(regular 	District employees)
special teachers: 	home teacher 	(regular contract), 	teachers of
communicatively 	handicapped, 	teachers 	of 	learning 	handicapped,
teachers 	of 	physically handicapped, 	migrant 	educational 	support
teachers, 	migrant 	instructional support 	teachers, 	migrant
health specialist, Miller-Unruh, 	resource teachers, 	regular
classroom, 	special 	education, 	special 	educator 	curriculum
specialist, 	language arts specialist, 	counselors: 	career,
elementary, 	secondary, 	bilingual, 	CSAA HOLD bilingual
curriculum specialist, 	ROI 	placement 	and 	community classroom
coordinator, 	psychologists, 	nurses, 	librarians 	(elementary and
secondary) 	assistant librarians, 	basic skills consultant.
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On March 	3, 	1982, 	the Federation 	filed a 	unit modification
petition 	with 	PERB 	to 	add 	the 	adult 	education 	teachers 	to 	the
established 	certificated 	unit.
On March 	26, 	198 2, 	the Pajaro Valley Unified School
District 	(District) 	filed 	an opposition 	statement 	to 	the 	unit
modification petition. 	The 	District opposes 	the 	addition of
the 	adult 	education 	teachers 	to 	the 	established certificated
unit 	because 	the 	employees 	in question 	allegedly do 	not 	share 	a
community of 	interest 	with 	the 	regular 	teachers. 	The District
also 	contends 	the 	Federation 	has 	never 	negotiated 	on 	behalf 	of
the 	adult 	education 	teachers, 	and 	that 	the 	addition of 	the
adult 	education 	teachers 	will 	impair 	the 	efficient operation of
the District 	more 	than 	the 	establishment of 	a 	separate 	unit of
adult 	education 	teachers.
A pre-hearing 	conference was 	held on July 	1, 	1982. 	The
parties 	agreed 	to 	an 	administrative 	determination 	rather 	than a
formal 	hearing. 	The 	parties 	met 	with 	the 	hearing 	officer 	on
July 	8 	and July 	20, 	1982, 	and 	submitted 	stipulations of 	fact
and 	joint 	exhibits.
The 	issue 	to 	be decided 	in 	this 	case 	is 	whether 	the
addition of 	the 	adult 	education 	teachers 	to 	the 	established
certificated 	unit 	is 	appropriate.
DISCUSSION
PERB Regulation 	32781(a)(1) 	provides 	that 	a 	recognized or
certified 	employee 	organization may 	file 	with 	the 	regional
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office 	a 	petition 	for 	unit 	modification:
(1) 	To 	add 	to 	the 	unit 	unrepresented
classifications 	or 	positions 	which 	existed
prior 	to 	the 	recognition 	or 	certification 	of
the 	current 	exclusive 	representative 	of 	the
unit.
Government Code 	section 	3545(a) 	and 	(b) 	sets 	forth 	the
standards 	for 	determination 	of 	an 	appropriate 	unit:
(a) 	In 	each 	case 	where 	the 	appropriateness
of 	the 	unit 	is 	an 	issue, 	the board 	shall
decide 	the 	question 	on 	the 	basis 	of 	the
community 	of 	interest 	between 	and 	among 	the
employees 	and 	their 	established 	practices
including, 	among other 	things, 	the extent 	to
which 	such 	employees 	belong 	to 	the 	same
employee 	organization, 	and 	the 	effect of 	the
size 	of 	the 	unit 	on 	the 	efficient operation
of 	the 	school district.
(b) 	In all cases:
(1) 	A negotiating 	unit 	that 	includes
classroom 	teachers 	shall 	not 	be
appropriate 	unless 	it 	at 	least 	includes
all 	of 	the 	classroom 	teachers 	employed
by 	the 	public 	school 	employer, 	except
management 	employees, 	supervisory
employees, 	and 	confidential employees.
Community 	of 	Interest
The 	Board 	has 	interpreted 	section 	3545 	as 	establishing 	a
rebuttable 	presumption 	that 	all 	classroom 	teachers 	should 	be
contained 	in 	a 	single 	unit, 	absent 	a showing 	of 	a 	lack 	of
community 	of 	interest 	between 	the 	groups. 	In Peralta 	Community
College 	District 	(11/17/78) 	PERB Decision No. 	7 7 , 	the Board
held 	that:
Reading 	subsection 	3543(b) 	together 	with 	its
companion 	subsection 	(a) 	gives 	rise 	to 	the
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presumption 	that 	all 	teachers 	are 	to be
placed 	in a single 	unit 	save 	where 	the
criteria of 	[subsection 	(a)] 	cannot be met.
In 	this 	way, 	the legislative preference, 	as
the Board 	perceives 	it, 	for 	the largest
possible 	viable 	unit 	of 	teachers 	can 	be
satisfied. 	Thus, 	we 	would place 	the burden
of 	proving 	the 	inappropriateness 	of 	a
comprehensive 	teachers' 	unit on 	those
opposing 	it. 	(Id., 	at p. 	10.)
In Rio Hondo Community College District 	(1/25/79) 	PERB
Decision No. 	87, 	the PERB found 	that 	summer 	session 	teachers
should 	be 	included 	in a 	comprehensive 	unit 	with 	part-time 	and
full-time 	teachers. 	The 	Board 	found 	that 	summer 	school
courses, 	like 	regular 	year 	courses, 	are offered 	in both 	day and
evening 	sessions 	and 	also 	like 	regular 	year 	courses, 	are
available 	for 	credit. 	Observing 	that many 	summer 	session
courses 	were 	the 	same as 	regular year 	courses, 	that 	the 	summer
session 	was 	an 	integral 	part of 	the district's 	education
program, 	and 	that 	summer 	session and 	regular 	teachers, both
performed 	the 	same principal 	job function, 	the Board 	concluded
that 	the 	two 	groups 	shared 	a community of 	interest.
In Redwood City 	Unified 	School 	District 	(10/23/79) 	PERB
Decision No. 	107, 	the Board 	included 	summer 	school 	teachers 	in
the 	same 	unit 	with 	regular 	teachers. 	In Redwood City, 	summer
school teachers, 	like 	regular 	teachers, 	were 	required 	to 	hold
credentials, 	prepare lesson plans 	and 	instruct; 	summer 	session
and 	the 	regular 	session 	class 	schedules 	covered 	similar
subjects, 	such as 	reading, 	writing, 	and arithmetic; 	and summer
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school 	teachers 	and 	regular 	teachers 	participate 	in 	extra
curricular 	activities 	such 	as 	back-to-school night. 	In 	light
of 	these 	facts, 	the Board 	found 	a 	community of 	interest between
the 	two 	teacher 	groups.
In El Monte 	Onion High School District 	(10/20/80) 	PERB
Decision No. 	142, 	the Board concluded 	that summer 	school
teachers, 	home teachers, 	enrichment teachers, evening
continuation 	teachers 	and 	driver 	training 	instructors 	shared 	a
community 	of 	interest 	with 	regular 	teachers 	despite 	such
differences 	as 	work location, 	work hours, 	courses 	taught and
lack 	of 	evaluation.
In Dixie Elementary School District 	(8/11/81) 	PERB Decision
No. 	171, 	the PERB directed 	that all 	substitute 	teachers 	be
included 	in 	the 	established certificated 	unit. 	The 	Board 	found
that 	like 	regular 	teachers, 	substitute 	teachers carried out
lesson plans, 	administered 	tests, 	prepared bulletin boards,
evaluated 	students, 	shared 	the 	same 	work 	locations 	and
generally 	performed 	the 	same 	job 	function.
In 	the 	instant case, 	the adult education 	teachers, 	like
regular 	teachers, 	must 	hold 	a 	valid California teaching
credential.2 Like 	regular 	teachers, 	the 	adult education
2There 	are 	four 	basic 	adult 	education 	credentials;
designated subject, 	single subject, 	multiple subject 	and
specialist 	instruction. 	Requirements 	for 	the credentials vary
from a high 	school diploma 	to a Bachelor 	of Arts 	degree plus
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teachers prepare lesson plans, 	update 	course objectives 	and
descriptions, 	assign 	students 	work,3 assess 	and 	evaluate
student progress, 	conduct 	and/or 	attend 	student 	conferences,
supervise 	instructional aides, 	keep 	records 	and 	reports 	on
students, 	including 	attendance 	and 	grades 	for 	credit 	courses,
use 	a variety of 	teaching 	methods, 	including 	lecturing,
individualized 	instruction 	and 	group participation. 	Adult
education 	teachers 	and 	regular 	teachers 	perform 	the 	same 	kind
of 	work, 	teaching many of 	the 	same 	courses, 	including 	such
academic subjects as English, 	reading, math, U.S. 	history, U.S.
government, 	health, science, 	sociology, psychology, 	and foreign
languages. 	The parties 	stipulated 	that 	186 	students, 	between
the 	ages of 	14 	and 	17, 	transferred 	from 	the 	traditional 	high
school classes 	to 	adult 	education 	classes 	during 	the 	1981-82
school year.
Adult 	education 	teachers 	who 	have 	classes 	located 	at 	school
sites 	share 	facilities 	and 	equipment 	with 	regular 	classroom
teachers, 	including 	media resource 	materials 	from 	the County
Office 	of Education.
experience 	in a skill or 	trade 	or 	minimum of 	240 	hours of
classroom experience 	to 	teach 	an 	academic 	subject.
3Students 	in 	adult 	education 	classes 	range 	primarily 	from
18 	to 	65 	or 	more years of age. 	In 1981, 	approximately 	45
percent 	of 	the 	adult 	education 	students 	were 	under 	21 years 	of
age.
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Adult 	education 	teachers 	as 	well 	as 	the 	regular 	classroom
teachers 	accumulate 	sick 	leave. 	Adult education 	teachers who
teach 	more 	than 	20 	hours 	per 	week 	are 	entitled 	to 	the same
fringe 	benefits 	as 	regular 	classroom 	teachers; 	adult 	education
teachers 	who 	teach more 	than 	60 	percent of 	full-time 	for 	three
consecutive 	years 	and 	are 	re-elected 	to 	a 	fourth year 	can
become permanent 	employees 	like 	regular 	classroom 	teachers.
Adult 	education classes 	may 	be 	cancelled 	if 	a 	specified
minimum number 	of 	students 	do 	not 	attend. 	It 	is 	reasonable 	for
adult education teachers as a class, 	however, 	to expect
continued 	employment 	since 	the District 	has 	on 	a 	regular 	basis
employed 	adult 	education 	teachers 	as 	an 	integral part 	of 	its
work force. 	(Dixie, 	supra, p. 	5.)
There 	are differences, 	as 	the District 	states, 	between
adult 	education 	teachers 	and 	regular 	teachers. 	Sites 	for 	adult
education 	classes 	are 	in 	locations 	other 	than K-12 	school
sites? 	adult 	education 	teachers 	are 	paid on 	a different 	salary
schedule 	than 	regular 	teachers 	and 	adult 	education 	teachers 	are
not 	required 	by law 	to be 	formally 	evaluated. 	Further, 	adult
education 	teachers do not 	receive 	fringe 	benefits, 	except 	those
who 	teach 	20 	hours 	per 	week 	or 	more. 	They 	have 	a different
workday 	than 	regular 	teachers 	and 	they 	do 	not 	have 	class 	size
limits. 	The 	adult 	education 	program4 has 	differences 	in
funding 	than 	the 	regular 	K-12 	program.
4The 	District 	argues 	that 	the 	regular 	K-12 	program 	should
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In Redwood City, 	however, 	the Board 	concluded 	that
disparities 	between 	wage 	rates 	and 	fringe 	benefits 	of 	summer
school 	and 	academic 	teachers 	was 	not 	enough 	to 	establish 	a 	lack
of 	community of 	interest, 	because 	for 	all practical purposes
the 	hours, 	wages, 	and other 	terms 	and 	conditions of 	summer
school employment 	are 	wholly 	within 	the 	District's control.
Further, 	in Dixie, 	supra, 	the PERB concluded that even
substitute 	teachers 	who 	worked 	as 	few 	as 	one 	or 	two days per
year 	were properly 	included 	in 	a 	comprehensive 	unit 	with
regular 	teachers. 	When 	analyzed 	in 	light 	of 	these 	PERB
precedents, 	the 	record 	compels 	the 	conclusion 	that 	adult
education 	teachers 	share 	a community of 	interest 	with 	the
regular 	teachers 	and 	should 	be 	included 	in 	the 	same 	unit.
5stablished 	Practices
In addition 	to 	community of 	interest, 	the PERB must 	also
look 	to 	established 	practices 	when making 	a 	determination of
unit 	appropriateness. 	(Government 	Code 	section 	3545(a).)
Established 	practices 	that 	are 	relevant 	include 	efficiency 	of
operations 	and 	negotiating 	history.
In Oakland 	Unified School 	District 	(9/20/79) 	PERB 	Decision
No. 	102 PERB held that:
be 	separate 	because 	of 	separate 	sources 	of 	funding. 	However,
the 	funding 	restrictions 	also 	apply 	to Children's 	Center
teachers, 	special education 	and 	other 	groups 	already 	included
in 	the 	established certificated 	unit 	(See Redwood City, 	p. 	7 ) .
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. 	. 	. 	negotiation of a supplementary
agreement 	covering 	the 	petitioned-for
employees 	impose 	no greater 	burden on 	the
parties 	than 	would 	the 	negotiation of 	a
separate agreement. 	. 	. 	. 	Nor 	. . . do
negotiations 	covering 	all 	employees 	in 	the
modified 	unit present 	any 	more 	potential 	for
disruption 	than 	bifurcated 	negotiations
covering 	two 	separate 	units. 	(Oakland,
supra, 	at pg. 	1.)
Further, 	in Livemore 	Valley Joint 	Unified School District
(6/21/81) 	PERB Decision No. 	165, 	the Board held 	that 	the
efficiency 	of 	operations 	criteria 	is 	a 	factor 	against
fragmentation of 	units. 	The 	greater 	number 	of 	units 	for 	the
District 	to 	negotiate 	with, 	the greater must 	be 	its 	use 	of
resources 	for 	administering 	and negotiating 	contracts. 	.
In 	the 	instant case, 	adding 	the 	adult education 	teachers
would 	reduce, 	rather 	than 	increase, 	the 	number 	of negotiation
sessions 	which 	would 	be 	required 	between 	the 	District 	and 	the
Federation 	if 	two 	separate 	units 	existed.5 The 	certificated
unit contract, 	currently 	in effect, 	includes 	separate salary
schedules 	and 	school 	calendars 	for 	regular 	certificated 	staff
5The 	District 	has 	taken 	the 	position 	that 	a separate 	unit
of 	adult 	education 	teachers 	would 	be preferable 	to 	the 	addition
of 	these 	employees 	to 	the established 	certificated 	unit. 	It
should 	be 	noted, 	however, 	that 	no party 	has 	petitioned 	for 	a
separate 	unit 	of adult education 	teachers. 	Thus, 	the 	issue of
creation of 	a 	second 	unit 	is 	not 	before 	the Board 	in 	this
case. 	Additionally, 	the Board 	is 	not required 	by 	the EERA to
find 	"the most 	appropriate" 	unit, 	but 	rather, 	"an appropriate
unit." 	(Compton 	Unified 	School 	District 	(10/26/79) 	PERB
Decision No. 	109.) 	As discussed herein, 	the 	established
certificated 	unit, 	with 	the 	addition 	of 	the 	adult 	education
teachers, 	is an appropriate 	unit.
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and 	the 	Children's Center 	certificated 	employees. 	It 	thus
appears 	that 	consolidated 	negotiations 	would 	be 	less 	disruptive
to 	the efficient operation of 	the District. 	Indeed, 	the
District 	provided 	no 	evidence 	to 	show 	that 	the 	stable
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negotiation 	relationship 	which 	now 	generally 	exists 	in 	the
District 	would 	be disrupted 	if 	the 	unit modification 	is 	granted.
Considering 	the 	community 	of 	interest 	criteria 	between 	and
among 	employees, 	established practices 	and 	the 	effect 	of 	the
size of 	the 	unit on 	the efficient operation of 	the 	school
district, 	it 	is 	concluded 	that 	the adult education 	teachers be
included 	in 	the 	established 	certificated 	unit.
CONCLUSION
Based 	upon 	the 	foregoing, 	and 	the 	entire 	record 	in 	this
matter, 	the petition 	for 	a 	unit modification by 	the Pajaro
Valley Federation of Teachers, 	AFT Local 1936, 	AFL-CIO 	is
granted, 	thereby 	adding 	adult 	education 	teachers 	to 	the
established 	certificated 	unit 	represented 	by 	the 	Federation.
An appeal of 	this 	decision pursuant 	to 	PERB Regulations
32350 	through 	32380 may 	be made 	within 10 	calendar 	days
following 	the 	date 	of 	service 	of 	this 	decision by 	filing 	an
original 	and 	5 	copies 	of 	a 	statement of 	the 	facts 	upon which
the 	appeal 	is 	based 	with 	the Board 	itself 	at 	1031 	18th Street,
Suite 	200, 	Sacramento, California 95814. 	Copies of any appeal
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must 	be 	concurrently 	served 	upon 	all 	partie	- ." . " . . 	s 	and 	the 	Sacramento
Regiona	-----------l Office	-------. 	Proo	-----f o--f 	servic	--- . ---e 	pursuant 	to 	Regulation 	32140
is 	required.
Dated: 	March 	18, 	1983 	JANET E. 	CARAWAY
DIRECTOR 	OF 	REPRESENTATION
By
Board Agent
JOSEPH	OSEPH C. BASSO	C. 	BASSO
Board Agent
J
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